General Terms and Conditions. 

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GENERAL

(a) Save as otherwise agreed in writing by Boneham & Turner Limited (‘The Company’), these conditions shall govern the contract to the entire exclusion of any other express or implied conditions.
(b) Descriptions, illustrations and particulars of goods contained in the Company’s price lists catalogues or other advertising material shall not form part of the contract unless specifically included.
(c) If the goods required for any special use not reasonably to be inferred by the Company, the customer shall disclose such use before the Contract is entered into.

PERFORMANCE

(a) The Company warrants that the goods shall at the time of delivery correspond with the specifications agreed (subject to any specified tolerance limits) and be free from defects in workmanship and materials. If any goods do not conform to this warranty the Company will at its option:
(i) replace the goods found not to conform to the warranty or
(ii) take such steps as the Company deems necessary to bring goods into conformity with the agreed specifications (subject as aforesaid) and into a state where they are free from such defects; 0r
(iii) take back the goods found not to conform to the warranty and refund the appropriate part of the purchase price. Provided that the liability of the Company shall in no event exceed the purchase price of the goods, and performance of any one of the above options shall constitute an entire discharge of the Company’s liability under this warranty.
(b) The foregoing warranty is conditional upon:
(i) the customer giving notice to the Company of the alleged defect or failure to correspond
with specification immediately the customer discovers or ought to have discovered the same;
(ii) the customer affording the Company a reasonable opportunity to inspect the goods; and
(iii) the customer making no further use of the goods that are alleged to be defective or which do not correspond with specification after the time agreed the customer discovers or ought to have discovered the same.
(c) Save as provided in paragraph (a) of this Condition:
(i) all conditions and warranties, express or implied, as to the quality or fitness for any purpose of the goods are hereby expressly excluded; and
(ii) the Company shall be under no liability for any loss or damage (whether direct,
indirect or consequential) howsoever arising which may be suffered by the customer.
(d) in the event that, notwithstanding the foregoing provisions of this Condition, the Company is found liable for any loss or damage suffered by the customer, that liability shall in no event exceed the purchase price of the goods.
(e) The foregoing provisions of this Condition shall not apply to sales which are made to persons who deal as consumers (as the expression is defined in Section 12 of the Unfair Contract Terms Act 1977).

PRICE

(a) The price payable for each consignment of goods ex-stock will be the Company’s list price last published on the date on which that consignment is delivered to the customer.
(b) In the case of goods which are not ex-stock the Company reserves the right to increase the contract price at any time after the date of the contract by such additional sums as may from time to time be necessary to cover increased costs due to:
(i) alteration of the customer’s requirements;
(ii) suspension of work due to lack of or on the customer’s instructions;
(iii) any variation in costs of materials, labour, overheads or transport, or in conforming to any Act of Parliament or Order, Regulation or bye-laws made by any competent National or Local Authority arising after the date of the contract. Further in the case of specials the Company shall be entitled to deliver up to 110% of the quantity ordered and to increase the contract price accordingly.
(c) The contract price is exclusive of Value Added Tax or any similar taxes, levies or duties, which will be added to or charged on invoices at the appropriate rate.
(d) There is no minimum order value, but credit sales of goods having a total net value (exclusive of VAT, carriage, packing or postage) will be subject to an administration charge to cover the relatively high cost of processing such orders. See catalogue for details.

PAYMENT

Unless otherwise agreed in writing, the customer shall pay for the goods by cash on delivery. Where an order is designated as a credit order, payment shall be made on or before the tenth day of the month following the month of the invoice date. If the customer fails to make any payment
in accordance with the agreed terms, the Company shall be entitled to charge interest at the rate of 3% per annum over the base rate of National Westminster Bank Limited on a day
to day basis for the time being an all overdue payments.

DELIVERY

(a) A date or period of delivery agreed by the Company shall be an estimate only. Every effort will be made to adhere to delivery dates, but the Company accepts no liability for any direct or any consequential loss or damage arising from delay in delivery or despatch, in particular where such delay is caused by lack of instructions from the customer, strikes, lock-outs, other industrial action, failure of the Company’s suppliers to fulfil their obligations, or any other cause beyond the Company’s reasonable control.
(b) Unless otherwise stated, the price quoted is for the supply of the goods ex-works and unpacked. All packing, postage and other costs of delivery, and costs of storage following any failure by the customer to take delivery, will be subject to an extra charge.
(c) If the customer being a company shall pass a resolution or suffer an order of a court to be made
for its winding-up, or if a receiver shall be appointed, or being an individual or partnership shall suspend payment or propose or enter into any composition with creditors or suffer a receiving order in bankruptcy, then the Company may without prejudice to any other right rescind the contract, or suspend or cancel delivery or recover the possession of any goods for
which payment in full has not been received.

RISK AND PROPERTY

(a) The risk in the goods shall pass to the customer upon delivery of the goods to him or any carrier acting on his behalf.
(b) The property in the goods shall not pass to the customer until the price of the goods and any other goods delivered by the Company to the customer is paid. In the event of the customer failing to pay for the goods, then all such goods of the Company not paid for shall be handed over to the Company on demand and the Company is hereby granted a licence to enter into the customer’s premises for the purposes of recovering such property. Without prejudice to the generality of the foregoing, if the said goods are sold by the customer then the Company’s beneficial interest shall attach to any proceeds of such sale and the customer shall forthwith hand over to the Company any proceeds of such sale and the Company shall be entitled to call upon the customer to assign all claims that the customer may have in respect of such sale.

COPYRIGHT

All designs, drawings, plans or models prepared by the Company for the customer’s information remain the Company’s property and copyright, and neither they nor any copies thereof must be made use of by any person without the Company’s written consent. In respect of any goods supplied to the customer the design or specification whereof shall have been supplied by the customer, the customer accepts responsibility for any claims which may arise in respect of the making, supplying or using for the purposes of the contract of any patented invention or process or registered design, and the customer agrees to indemnify the company against any action, claim or proceeding for infringement or alleged infringement in respect thereof.

CANCELLATION

Contracts are not subject to cancellation without the Company’s written consent. Where cancellation is accepted, the Company shall in addition to any express terms of acceptance of cancellation be entitled to reimbursement of any costs incurred by the Company in connection with the contract.

FORCE MAJEURE

The Company shall have the right to cancel or to reduce the volume of the goods delivered if it is prevented from or hindered in delivering the goods through any circumstances beyond its control including (but not limited to) industrial action, war , fire, or prohibition or enactment of any kind, without incurring any liability for any loss or damage whatsoever resulting therefrom.
ARBITRATION

At the option of either party in writing, any question, dispute or difference arising between the Company and the customer in relation to the contract shall be referred to the arbitration in  England of a person to be mutually agreed upon, or failing arrangement of some person appointed by the London Chamber of Commerce and Industry and the City Corporation in accordance with, and subject to the provisions of the Arbitration Act 1934 or any statutory modifications or re-enactment thereof.

LOSS OR DAMAGE IN TRANSIT

Where the price includes delivery other than at our works we will repair or at our option replace free of charge within a reasonable time all goods lost or damaged in transit, provided we are given written notice of such loss or damage within such time as will enable us to comply with the
carriers conditions of carriage or where delivery is made by our own transport within seven days (exclusive of Public Holidays) after receipt of the Advice Note. If so requested by you prior to the despatch of the goods we will notify you of the name and address of the carrier (if any) and any time limit laid down by such carriers conditions of carriage.

GOVERNING LAW
 
The contract shall be governed by English Law. NOTE: The Company’s prices are calculated on the basis that the above Conditions will apply. Customers requiring prices to be quoted on a different basis should inform the Company. Information regarding any of our components that bears reference to the Health and Safety at Work Act 1974 will be available upon request.

Return Policy

(a) The Company warrants that the goods shall at the time of delivery correspond with the specifications agreed (subject to any specified tolerance limits) and be free from defects in workmanship and materials. If any goods do not conform to this warranty the Company will at its option:-

(i) replace the goods found not to conform to the warranty or

(ii) take such steps as the Company deems necessary to bring the goods into conformity with the agreed specifications (subject as aforesaid) and into a state where they are free from such defects; or

(iii) take back the goods found not to conform to the warranty and refund the appropriate part of the purchase price.

Provided that the liability of the Company shall in no event exceed the purchase price of the goods, and performance of any one of the above options shall constitute an entire discharge of the Company's liability under this warranty.

(b) The foregoing warranty is conditional upon:-

(i) the customer giving notice to the Company of the alleged defect or failure to correspond with specification immediately the customer discovers or ought to have discovered the same;

(ii) the customer affording the Company a reasonable opportunity to inspect the goods; and

(iii) the customer making no further use of the goods that are alleged to be defective or which do not correspond with specification after the time agreed the customer discovers or ought to have discovered the same.

(c) Save as provided in paragraph (a) of this Condition:-

(i) all conditions and warranties, express or implied,as to the quality or fitness for any purpose of the goods are here by expressly excluded; and

(ii) the Company shall be under no liability for any loss or damage (whether direct, indirect or consequential) howsoever arising which may be suffered by the customer.

(d) in the event that, notwithstanding the foregoing provisions of this Condition, the Company is found liable for any loss or damage suffered by the customer, that liability shall in no event exceed the purchase price of the goods.

(e) The foregoing provisions of this Condition shall not apply to sales which are made to persons who deal as consumers (as the expression is defined in Section 12 of the Unfair Contract Terms Act 1977).

AS9100 Supplier Terms & Conditions Agreement

General:

As a supplier to Boneham & Turner Ltd., it is understood that when accepting our purchase orders, your organization agrees to meet the following stipulations / AS9100 requirements whenever Boneham & Turner Ltd. Purchase Orders contain an aerospace/AS9100 reference. These requirements are, therefore, to be considered as terms and conditions to all aerospace purchases:

1. Where required on the Boneham & Turner Ltd. Purchase Orders, its suppliers must use Boneham & Turner Ltd.'s customer-approved special process sources.

2. Boneham & Turner Ltd. is to be contacted (by the supplier) in the event of nonconforming product/material. Arrangements for the approval of supplier nonconforming product/material must be as directed by a Boneham & Turner Ltd.'s Quality Engineer (QE).

3. Furthermore, the supplier is required to notify Boneham & Turner Ltd. of any changes to a product and/or process and to obtain approval from an authorized Boneham & Turner Ltd. Quality Engineer (QE) when applicable.

4. Boneham & Turner Ltd., their customers, and regulatory authorities retain the right of access to all supplier facilities involved in the aerospace order and to all applicable records.

5. The AS9100 standard requires that all applicable customer/regulatory/AS9100 requirements for the supplier to flow-down to sub-tier suppliers (includes requirements in the purchasing documents and key characteristics where required). However, Boneham & Turner Ltd. does not allow its aerospace suppliers to subcontract any product or process to a sub-tier supplier without Boneham & Turner Ltd. expressed written consent.

6. Boneham & Turner Ltd. performs inspection activities to ensure that purchased product meets purchase requirements. They may include:

1. Receiving inspections (of supplier products / services / documents) may be / are performed by a designated employee. Boneham & Turner Ltd. verifies the authenticity of the appropriate certificate of conformity, material certificates, etc. and other accompanying documentation by review and comparison (as is appropriate) to the drawing and/or industry specifications or by other means. When necessary, Boneham & Turner Ltd. may inspect or audit at the supplier's facility.
2. Furthermore, products are inspected to ensure they meet requirements (dimensions, etc.) and the results are recorded (as appropriate). All special processes (anodizing, heat treat etc.) where the compliance cannot be verified by inspections will require a Certificate of Conformity.

7. When appropriate, Boneham & Turner Ltd. may delegate the inspection authority to one of its approved suppliers. Boneham & Turner Ltd. will communicate the inspection requirements (including approved monitoring and measurement equipment/methods) and Boneham & Turner Ltd. will maintain a record of those approved to carry out such inspections.

8. When Boneham & Turner Ltd. or its customer intends to perform verification at the supplier's premises; Boneham & Turner Ltd. will first state the intended verification arrangements and the method of product release. This information will be communicated on the Boneham & Turner Ltd. Purchase Order or via another acceptable purchasing arrangement.

9. Where specified in the contract, the Boneham & Turner Ltd.'s customer or customer's representative will be afforded the right to verify at the supplier's premises and Boneham & Turner Ltd.'s premises that subcontracted product conforms to specified requirements. Verification by the customer is not used by Boneham & Turner Ltd. as evidence of effective control of quality by the supplier and shall not absolve Boneham & Turner Ltd. or its supplier of the responsibility to provide acceptable product, nor shall it preclude subsequent rejection by the customer.

10. To prevent the purchase of counterfeit or suspect/unapproved products and to ensure product identification and traceability (and for other reasons), Boneham & Turner Ltd. will institute controls that include the requirement of Material Certificates, Certificates of Conformity, and/or other supporting documentation from its suppliers as is appropriate. These requirements may be specified on Boneham & Turner Ltd.'s Purchase Order or may otherwise be communicated to the supplier.

11. Records are available for review by customers and regulatory authorities in accordance with contract or regulatory requirements.

12. Boneham & Turner Ltd. expects 100% on time delivery. If the agreed upon delivery cannot be met, the appropriate Boneham & Turner Ltd Buyer must be notified in advance. If Boneham & Turner Ltd. annual supplier evaluation identifies a supplier with an on time delivery rate of 95% or less a corrective action can be issued.

13. Boneham & Turner Ltd. requires that products provided by it's Approved Suppliers be correct and free of defect per the supplied Purchase Order. If Boneham & Turner Ltd. annual supplier evaluation identifies a supplier with a scrap/rework rate that exceeds 10% of their Boneham & Turner Ltd work orders; a corrective action can be issued.

14. Boneham & Turner Ltd. may also require specific actions where timely and/or effective corrective actions to a supplier issue(s) are not achieved. These actions may include but are not limited to any or all of the following: withholding payment until the issue is resolved, removal of the supplier from Boneham & Turner Ltd.'s Approved Supplier List, and/or legal action.

Terms and Conditions of Purchase

Issue 2 September 2020

1. No Contract or order is valid unless made on our official order form

2. All materials to be consigned as directed here over carriage paid. We accept no  responsibility for damage loss or delay in transit.

3. The quantity ordered must not be exceeded.

4. Price must not exceed that specified on the order, or when not specified, must not be higher than last quoted or changed, without prior agreement.

5. All goods ordered which are of the supplier’s own design are understood to be guaranteed by the supplier’s as fit for the purpose for which they are designed, and for the specific purpose for which they are being purchased.

6. Suppliers shall notify Boneham and Turner Ltd of any Non-conforming product. Any such product shall be approved by Boneham and Turner Ltd prior to despatch.

7. The supplier shall notify Boneham and Turner Ltd of any changes on product and/or process definition and where required obtain Boneham and Turner Ltd approval prior to supply.

8. Boneham and Turner Ltd reserves the right to reject the whole or any portion of goods, which are supplied defective or inferior of the goods ordered. Advice of all goods rejected will be sent to the supplier when such goods shall be held at the supplier’s risk and disposal.

9. Goods to be securely packed to prevent loss or damage

10. In the case of failure of the seller to deliver the whole or any portion of the goods ordered on the date due, or should he fail to replace those rejected within a reasonable time and in compliance with these conditions, we reserve the right to cancel the order, or any of it and obtain supplies elsewhere, charging the difference in price to the seller.

11. If during the currency of the order, the company’s works are partially or wholly shut down due to war, strikes, lockouts, riots, civil commotions, epidemics, unusual inclemency of the weather, fire, accident, force majeure or any other cause whatsoever beyond Boneham and Turner Ltd cause, then delivery shall be partially or wholly suspended (as the case may require) during the continuance of such causes and the time for delivery shall be correspondingly extended.

12. Should any reduction in transit charge come into operation during the currency of the order the benefit of such reduction shall be allowed to Boneham and Turner Ltd

13. The foregoing conditions are in addition to and without prejudice to our rights at law as buyers.
 
14. No part of this contract may be sub-contracted by you without prior approval from Boneham and Turner Ltd of. If approved sub-contracting is carried out, all requirements of the purchase order documents must be flowed-down to the supplier.

15. Dimensional reports or inspection records to confirm dimensions produced must be supplied and retained in accordance with the release authority requirements.

16. An approved signatory must sign delivery release documentation.

17. Right of access is required by Boneham and Turner Ltd, or its customers and regulatory authorities to the Suppliers facilities involved in the order and to all applicable records.

18. All records pertaining to purchase orders shall be retained for a period of time in accordance with the suppliers prime approval requirements, records shall not be disposed of without prior consent of Boneham and Turner Ltd

19. Conflict Minerals As part of Boneham and Turner Ltd of commitment to corporate responsibility and respecting human rights in our own operations and in our supply chain, we expect our suppliers to have in place policies and due diligence measures that will enable us to reasonably assure that products and components supplied to us containing conflict minerals (3TG) are DRC-conflict free.

20. Business Continuity It is expected that all Suppliers will have robust business continuity plans in place in order to maintain the delivery of products & services at an agreed level following a disruptive incident.

21. Product Safety Suppliers are responsible for adhering to the requirements of the contract / purchase order to fully mitigate any potential risk to product safety.

22. Ethical Dealings Suppliers will have systems & procedures in place to ensure the highest standards of behaviour & ethics when dealing with any product / service relating to Boneham and Turner Ltd.

23. Counterfeit / Unapproved Parts Suppliers will have systems in place to prevent the shipping of counterfeit/unapproved product or parts to Boneham and Turner Ltd